Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Omaha

A Nebraska railroad worker won a nearly $2.8 million verdict against the Union Pacific Railroad for a workplace injury that went to trial last week at U.S. District Court in Omaha. Kendall Walsh lost the use of his right arm after it was crushed by a concrete railroad tie that fell off a pile at an Iowa railroad crossing two years ago. A jury sided with Walsh on Friday but found him partially...

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A Douglas County Nebraska jury this week ordered Union Pacific Railroad Company to pay $942,000 to a conductor for the knee injuries he suffered after falling on ice in a parking lot of a hotel where Union Pacific had paid for him to stay. For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

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An Indiana man was awarded $8.4 million in damages after he was run over by three train cars and lost his left leg as a railroad worker in October 2004. The verdict was $9.3 million Tuesday against his former employer, Louisville & Indiana Railroad Co., for which the jury found the railroad 90 percent responsible.

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A verdict in Beaumont Texas was reported for a cumulative trauma spine injury against the Burlington Northern Santa Fe railroad.

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The United States Supreme Court has ruled in NORFOLK SOUTHERN RAILWAY CO. V. SORRELL that the causation standard: "in whole or in part, no matter how small" is the same for the negligence claim brought by the plaintiff and the contributory negligence defense brought by the defendant.

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We welcome Jim Quilty, newly retired International Vice President of TCU, to the firm as a field representative. IVP Jim Quilty retired at the end of July 2006 after 39 years of union leadership. Jim began his rail career on the Union Pacific Railroad in 1969 in Kansas City where he was a member of Lodge 1489. Jim was General Chairman of System Board 106 from 1992 until elected to assume his...

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The Washington Appeals Court says no. The case of Harris v Union Pacific reverses a trial court's ruling on plaintiff's motion in limine. It appears that the law in FELA, for injured railroad workers, is that while mitigation of damages is an issue, a railroad worker does not have relocate in another state at the insistence of the railroad employer.

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A jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage, reported in the Louisville, Kentucky Courier-Journal.The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company...

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The Federal Railroad Administraion issued its final rule on crashworthiness of a locomotive cab. The rule took effect on August 28, 2006. The purpose of the rule is to have locomotive cabs designed and manufactured to protect crew members from being injured or killed in a variety of crash scenarios.

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On May 15, 2006, the U.S. Supreme Court accepted review in the case of NORFOLK SOUTHERN RAILWAY CO. V. SORRELL :170 S.W.3d 35 CA-MO, E. Dist; limiting the review to whether the court below erred in determining that the causation standard for employee contributory negligence under the Federal Employers Liability Act ("FELA ") differs from the causation standard for railroad negligence. The...

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Railroad releases for FELA cases will release other injuries and conditions other than the subject of the claim at hand. Many times, there is a virtual laundry list of medical ailments that the railroad wants a claimant to release. The case of Abdul L. Aswad v. Norfolk Southern Railway Co., et al., No. 04-2536, Va. Cir., City of Portsmouth; 2006 Va. Cir. LEXIS 43 states three possible...

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Railroad Union designation presents me the opportunity to talk to many local unions about the Federal Employers Liability Act (FELA). You can dowload my Power Point presentation made to the members of those locals by clicking on Download file.For anyone who works for a railroad, or have clients that work for a railroad, it is important to know that if you are injured on the job, you are not...

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Fellow InjuryBoard blogger Rick Shapiro in Virginia has a great post that breaks down FELA rights for railroad workers as well as other types of railroad accidents, such as cars being hit by trains at railroad crossings or people being injured on pasenger trains. Like Rick's firm, our firm has extensive experience with all types of FELA, railroad and train accidents. If you have suffered any...

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